Legal Opinion
Roberson v. Giuliani
Court of Appeals for the Second Circuit
Decided September 30, 2003No. 02-7306PublishedCited by 52 opinions
1Opinion of the Court
FEINBERG, Circuit Judge.
Plaintiffs-appellants appeal from a February 2002 order of the United States District Court for the Southern District of New York (Cote, J.) denying their motion for attorney’s fees in this action brought under 42 U.S.C. § 1983. The sole issue on appeal is whether plaintiffs may be considered a “prevailing party” under the applicable fee-shifting statute where they resolved their dispute with defendants through a private settlement agreement over which the district court retained enforcement jurisdiction. For reasons stated below, we hold that on the record before us…
2Cases cited12 opinions
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- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Victor Barrios v. California Interscholastic Federation California Interscholastic Federation Opinion Southern SectionCourt of Appeals for the Ninth Circuit · 2002
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3Cited by52 opinions
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- Jane Doe v. Boston Public SchoolsCourt of Appeals for the First Circuit · 2004
- Miraglia v. Bd. of Supervisors of the La. State MuseumCourt of Appeals for the Fifth Circuit · 2018
- A.R., on Behalf of Her Minor Child, R v. M.S., on Behalf of Her Minor Child, I.O., M.L., on Behalf of Her Minor Child, J.L. v. New York City Department of Education, S.W. And M.M., on Behalf of N.W. v. Board of Education of the City of New York, (District 2)Court of Appeals for the Second Circuit · 2005
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